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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106360-106362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30739]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[EPA-R05-OAR-2024-0282; FRL-12468-02-R5]

Air Plan Approval; Ohio; Title V Operating Permit Rules Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to Ohio EPA's title V rules. These revisions include 
revisions to the definition of hazardous air pollutants and 
requirements for a permit statement of basis that are consistent with 
recent Federal rulemaking actions. Other changes are insignificant and 
part of the state's five-year review of adopted regulations.

DATES: This direct final rule will be effective February 28, 2025, 
unless EPA receives adverse comments by January 29, 2025. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2024-0282 at https://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from the docket. EPA may publish 
any comment received to its public docket. Do not submit electronically 
any information you consider to be Confidential Business Information 
(CBI), Proprietary Business Information (PBI), or other information 
whose disclosure is restricted by statute. Multimedia submissions 
(audio, video, etc.) must be accompanied by a written comment. The 
written comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI, PBI, or multimedia submissions, 
and general guidance on making effective comments, please visit https://wwww.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sam Portanova, Air Permits Section, 
Air and Radiation Division (AR-18J), Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
886-3189, [email protected]. The EPA Region 5 office is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. Background

    On June 11, 2024, Ohio EPA submitted revisions to Ohio 
Administrative Code (OAC) chapters 3745-77-01, 3745-77-08, and 3745-77-
09 to EPA for approval as a title V program revision. These revisions 
were made as part of Ohio's statutory five-year regulatory review 
process and include a change to the definition of hazardous air 
pollutant, additional requirements pertaining to a permit statement of 
basis and response to comments, a reordering of the definitions in OAC 
3745-77-01, minor grammatical changes, and updates to test method, 
publication, and reference materials.

II. What action is EPA taking?

    EPA is approving this submittal as part of Ohio's title V permit 
program. The revisions to Ohio's rules are consistent with 40 CFR part 
70 and the Clean Air Act (CAA) as discussed below.
    The definitions in OAC 3745-77-01 are reorganized such that the 
terms are listed and group in paragraphs alphabetically. These 
revisions do not substantively change the provisions of this chapter 
but provide for easier search of and subsequent updates to the listed 
definitions.
    The definition of ``hazardous air pollutant'' in OAC 3745-77-01(H) 
has been revised to include ``. . . as revised under 40 CFR part 63, 
subpart C.'' This change to the definition allows for the inclusion of 
1-bromopropane, which EPA added to the CAA's list of

[[Page 106361]]

hazardous air pollutants on January 5, 2022, and any future additions 
to the CAA's hazardous air pollutants list. Consistent with this 
revision, this rulemaking action also adds a new item under 
``referenced materials'' in OAC 3745-77-01(AA)(2)(k) for 40 CFR part 
63, subpart C.
    This rulemaking action includes revisions to several items under 
``referenced materials'' in OAC 3745-77-01(AA)(2). These revisions 
update the rule language to include the most recent edition or 
publication date of the referenced material. This does not constitute a 
substantive change to the regulations.
    On February 5, 2020 (85 FR 6431), EPA issued a final rule amending 
40 CFR part 70 requiring permitting authorities to prepare a written 
response to comments document if significant comments are received 
during the public comment period of a draft permit. The final rule also 
specifies that a statement of basis must be included with a permit 
during the public comment period and EPA's 45-day review period. In 
addition, the final rule requires that the response to comments 
document be included in the proposed permit that is sent to EPA for 45-
day review. In this submittal, Ohio EPA has revised OAC 3745-77-
08(G)(2), (5), and (6) and OAC 3745-77-09(A) to be consistent with 
these changes to the Federal rule.
    Included in this rulemaking action are grammatical changes 
throughout OAC 3745-77. These revisions are intended to apply 
consistent wording throughout state regulations and do not represent a 
substantive change to the meaning of the rule.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the proposed rules section of this Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve the state plan if relevant adverse 
written comments are filed. This rule will be effective February 28, 
2025 without further notice unless we receive relevant adverse written 
comments by January 29, 2025. If we receive such comments, we will 
withdraw this action before the effective date by publishing a 
subsequent document that will withdraw the final action. All public 
comments received will then be addressed in a subsequent final rule 
based on the proposed action. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective 
February 28, 2025.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a state 
title V program submission that complies with the provisions of the CAA 
and applicable Federal regulations. 40 CFR 70.4(i). Thus, in reviewing 
title V program submissions, EPA's role is to approve state choices 
provided they meet the criteria of the CAA and the criteria, standards, 
and procedures defined in 40 CFR part 70. Accordingly, this final 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law.

A. Executive Order 12866: Regulatory Planning and Review, and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866, as amended by Executive Order 14094, and was 
therefore not subject to a requirement for Executive Order 12866 
review.

B. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

C. Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action does not impose additional requirements 
beyond those imposed by state law. Accordingly, no additional costs to 
State, local, or tribal governments, or to the private sector, will 
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000), requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' This rule does not have Tribal 
implications, as specified in Executive Order 13175. It will not have 
substantial direct effects on Tribal governments. Thus, Executive Order 
13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not 3(f)(1) significant as defined in Executive Order 12866, and 
because EPA does not believe the environmental health or safety risks 
addressed by this action present a disproportionate risk to children 
because it approves a state program.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with

[[Page 106362]]

environmental justice (EJ) concerns to the greatest extent practicable 
and permitted by law. Executive Order 14096 (Revitalizing Our Nation's 
Commitment to Environmental Justice for All, 88 FR 25251, April 26, 
2023) builds on and supplements E.O. 12898 and defines EJ as, among 
other things, the just treatment and meaningful involvement of all 
people, regardless of income, race, color, national origin, Tribal 
affiliation, or disability in agency decision-making and other Federal 
activities that affect human health and the environment.''
    Ohio EPA did not evaluate EJ considerations as part of its program 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this action. Consideration of EJ is 
not required as part of this action, and there is no information in the 
record inconsistent with the stated goal of E.O. 12898/14096 of 
achieving EJ for communities with EJ concerns.

K. Congressional Review Act

    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

L. Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 28, 2025. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 70

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: December 19, 2024.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 70 is 
amended as follows:

PART 70--[AMENDED]

0
1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
2. Appendix A to part 70 is amended under ``Ohio'' by adding paragraph 
(f) to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs.

* * * * *

Ohio

* * * * *
    (f) The Ohio Environmental Protection Agency submitted an 
operating permits program amendment on June 11, 2024. This submittal 
included revisions to the definition of hazardous air pollutants and 
requirements for a permit statement of basis. The state is hereby 
granted approval effective February 28, 2025.
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[FR Doc. 2024-30739 Filed 12-27-24; 8:45 am]
BILLING CODE 6560-50-P
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